The Quality of the Judiciary Response to Corruption in Bosnia and Herzegovina: Key Findings of the Three-Year Monitoring and Analysis

2018

This text presents some of the most important findings of a three-year monitoring and analysis of the work of the judiciary at all levels in BiH in prosecuting corrupt criminal offenses. The findings were consolidated for the three years for which monitoring was carried out in order to allow easier spotting of trends in relevant aspects of the judiciary in BiH in this area.

Policy Memo

Monitoring and Evaluation of the Judicial System: Some Methodological Issues and their Implications for Measuring the Response of the Judiciary to Corruption

2018

This paper provides an overview of some of the key challenges and possible approaches to monitoring the work of the judiciary, hoping to encourage discussion in professional circles about new, innovative models that could offer more complete picture of work, omissions and challenges of the judiciary in BiH, with special focus on the prosecution of corruption.

Discussion Paper

Perspectives of the Criminalization of the Illegal Enrichment of Public Officials through Criminal Law in Bosnia and Herzegovina

Srđan Vujović
2018

The issue of criminalization of illegal enrichment has provoked intensive discussions, both in the scientific, professional, and decision-making circles. While one sees significant benefits and an effective mechanism for protecting the legal order, others point out significant objections, which essentially refer to the violation of fundamental human rights and fundamental principles of criminal law.

Policy Memo

Transparency of the Judiciary in Bosnia and Herzegovina

2018

For years, Bosnia and Herzegovina has been working on to improve the transparency of judicial institutions. Although some progress has been made on this plan, the results are far from satisfactory.

Report

Monitoring of Judical Response to Corruption in BiH: Report for 2017-2018

2018

The third cycle of monitoring report provides an analysis of the judicial response to corruption in 2017, compared to the results of monitoring from previous years.

Policy Memo

Obstacles to Evidence-based Policy Making in Bosnia and Herzegovina

2018

Available evidence shows that the underlying feature of policy making in Bosnia and Herzegovina is a chronic lack of analytical capacity within public institutions and other policy actors. Although, at the formal level, there are regulatory frameworks in place that should ensure proper policy making processes, the lack of analytical capacity renders those formal preconditions largely ineffective.

Report

Monitoring of Judicial Response to Corruption: Report for 2016-2017

2018

The results of the second cycle of monitoring of the work of judicial institutions in BiH in the field of processing corruption-related criminal offenses reveal not only similar problems, but also weaker results in a number of important indicators.

Discussion Paper

Transparency of the judiciary in Bosnia and Herzegovina in the processing of corruption-related criminal offenses

Erna Mačkić
2018

An analysis of the transparency of judicial institutions points to certain systemic deficiencies that need to be addressed in order to improve communication of the judiciary with the public. A review of the web pages of courts and prosecutor’s offices in BiH shows that the rules on the publication of indictments and judgments are not consistently applied.

Discussion Paper

Shortcomings in the processing of corruption in Bosnia and Herzegovina: Procedural and organizational perspective

Hajrija Sijerčić-Čolić
2018

Although the BiH Council of Ministers adopted the Anti-Corruption Strategy 2015-2019 and the Action Plan for the Implementation of the Strategy for the Fight against Corruption 2015-2019, whereby they also warn of the well-known disastrous consequences of corruption criminal offences, there are still a number of weaknesses and problems in the processing of these offences in BiH.

Report

Squaring the Anti-discrimination Triangle in BiH: Legal Framework, Policies and Practices 2016-2018

Dženana RadončićEdin HodžićMidhat Izmirlija
2018

The fact that, almost ten years after it was established, the system of protection against discrimination in BiH is still not fully functional is certainly a cause for concern, but also for the increased engagement of all relevant actors.

Policy Memo

Amendments to the Legal Framework for Protection Against Discrimination in BiH: Progress Achieved and Further Improvements

2018

The 2016 Amendments to the Law on the Prohibition of Discrimination have brought a significantly improved legal framework in BiH in this field.

Commentary

Intersectional Discrimination: A Slow Progression from Theory towards Legislation and Jurisprudence

Amila Kurtović
2018

Jurisprudence in European countries concerning multiple discrimination is generally scarce and does not provide adequate guidance for dealing with these cases.

Commentary

Violence Against Women and Systemic Discrimination: a Long Way to Justice

Aleksandra Ivanković
2018

Violence against women is often not recognized, even when it comes to severe and long-lasting forms of physical violence, which leaves serious physical and psychological consequences. It is even more rare that women who are victims of such violence receive adequate protection from relevant institutions. What kind of protection, in such circumstances, victims of psychological and economic violence can expect and to what extent the institutions in BiH are in fact able to tackle violence against women?

 

European Court of Human Rights and Protection against Discrimination: Jurisprudence and Evolution of Standards

2018

This edited volume published by Analitika brings together papers which address the complex issues related to the right to freedom from discrimination focusing on the relevant jurisprudence of the European Court of Human Rights

Recommendations for Strenghtening the Independence of Public Broadcasters in Serbia

Davor MarkoRade Veljanovski
2018

The focus of this policy brief is on the guarantees of institutional indepence of the public service broadcasters in the Republic of Serbia, in the context of growing political pressures and financial instability. 

Commentary

Age as a new discrimination ground in Bosnia and Herzegovina

Kosana Beker
2018

Amendments to the Law on the Prohibition of Discrimination extend the number of prohibited grounds, introducing, among others, age as a personal characteristics based on which discrimination is explicitly prohibited.

Commentary

Prohibitions of wearing religious symbols in the workplace: the perspective of the Court of Justice of the European Union

Amila Kurtović
2018

The European Court of Human Rights has developed a significant body of jurisprudence in the area of religion-based discrimination in the context of violations of religious freedoms, including those relating to the issue of religious symbols in the public and in the workplace.

Discussion Paper

The Criminal Offence of Abuse of Official Authority: Key Problems from the Perspective of its Processing in Bosnia and Herzegovina

Sabina Sarajlija
2018

In the group of criminal offenses against official duty in BiH, the largest number of charges relates to the criminal offense of Abuse of Office or Official Authority. Despite this fact, however, quite loud criticisms point out that this particular norm is extensively applied, imprecisely defined, resorted to only when there is no other option, that the factual description in the indictments and verdicts is insufficiently clear and too lengthy, that caution and restraint is needed in the application of this provision and even that the inclusion of this criminal offence in criminal codes is obsolete.

Discussion Paper

Key Problems in Prosecuting Corruption in Bosnia and Herzegovina: A Substantive Law Perspective

Adela Bejtović Janušić
2018

The reasons for the weak results of the judiciary in BiH in the prosecution of corruption are manifold. They range from the very nature of the phenomenon of corruption, which often takes place in secrecy, due to the interest of the participants themselves, which makes it particularly difficult to detect, to the inadequate institutional and legislative framework. The recommendations of international bodies, as well as the observed problems in practice, offer important guidelines for amending the legal framework in a way that would enable progress in this area.

Commentary

Discrimination on the Grounds of Disability in Bosnia and Herzegovina: The Challenges of the New Legal Provisions

Kosana Beker
2017

Persons with disabilities in Bosnia and Herzegovina continue to face numerous problems in the realization of their rights. Reports of numerous international institutions indicate discrimination of these individuals in a number of fields. Recent amendments to the Law on the Prohibition of Discrimination have, among other things, improved the mechanisms for the protection of rights of persons with disabilities. Nonetheless, the new provisions also mean new challenges for the courts in BiH.